Sacramento is the capital of California, and it is an important stop on several major shipping routes in the Golden State. However, truck drivers and accident victims need to understand how weight limits and overloading may play a role in truck accident liability. Contact a truck accident lawyer in Sacramento today to schedule a free consultation and learn more about the legal options available to you.
Common Identifiers of Improperly Loaded Trucks
The accidents that arise due to overloaded trucks and underloaded trucks should never occur in the first place because they can be easily prevented. Cargo loaders and truck companies need to enforce policies and procedures regarding the proper loading of trucks. The following are common signs of improperly loaded trucks:
- Missing header boards on a truck trailer which makes it more likely that cargo will spill
- Cargo loaded without the proper covering to hold it in place
- Inappropriate tie-down mechanisms that do not prevent the cargo from moving
- A lack of security measures designed to keep cargo stationary and prevent road hazards from occurring
- Overloading cargo and causing the truck trailer to be unbalanced
- An overall uneven distribution of weight on the trailer creates the risk of serious bodily injury or death
Cargo securement rules are promoted by the Federal Motor Carrier Safety Administration (FMCSA). Truck drivers need to ensure their cargoes are loaded in the proper manner to ensure that truck accidents do not occur. Truck companies, truck drivers, and cargo loaders may be liable for the accidents you suffer during a truck accident.
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How Improper Loading Causes Truck Accidents
The improper loading of truck cargo may cause truck accidents for many different reasons. Unfortunately, some truck drivers may be unaware that a specific amount of cargo has not been loaded properly onto their trailers. The following are some of the most common reasons improper loading may cause a truck accident:
- Improperly secured cargo: the cargo loaders did not place items on the trailer in a secure and organized manner with balanced weight distribution.
- Excessive cargo weight: Every commercial truck must adhere to specific weight requirements to ensure the safety of other motorists. The gross vehicle weight rating (GVWR) is assigned to every commercial truck in the United States, and trucks must not weigh more than 80,000 pounds in gross weight in the State of California.
- Unbalanced cargo loads: Cargo loaders need to ensure that they distribute weight evenly on the trailer of a commercial truck. Rollover accidents are more likely to occur if a truck trailer is overloaded, and it is also possible that overloaded trailers may cause tire blowouts and mechanical failures, which can cause serious bodily injury or death.
Understanding the chain of custody regarding the loading of cargo on a truck can help you determine which parties may be liable for your injuries. Sometimes truck drivers may be aware of improperly loaded cargo, and the attorneys at Triumph Law, P.C. can help you with your case. A Sacramento truck accident attorney who investigates the facts of your case will need to find out how much information the truck driver possessed about a particular act of cargo loading.
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The Parties Who May Be Named as Defendants in Truck Accident Cases
It is necessary to name the defendants who may be liable for the victim’s injuries in a truck accident case. However, it is often the case that multiple parties will be liable in a truck accident case. The following are some of the most common defendants named in truck accident cases in California:
- Securement equipment manufacturer
- Loading company
- Trucking company
- Truck driver
The majority of truck accident cases name as many potential defendants as possible depending on the facts and circumstances of the case. Also, the injured victim may have information about whether or not the truck driver knew the cargo was overloaded or underloaded. It is necessary to determine which parties had actual knowledge or constructive knowledge of the weight of the trailer at the time of the truck accident.
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Determining Liability in a Truck Accident Case
The four elements of negligence are (1) duty, (2) breach, (3) causation, and (4) damages. These elements need to be proven by a preponderance of the evidence for an injured truck accident victim to obtain monetary compensation for their injuries. Therefore, any applicable weight limits and whether or not a trailer was overloaded or underloaded with cargo may be critical to determining if a potential defendant was liable for the victim’s injuries.
It may be difficult to understand the complexity of an entire truck accident case, but the two primary concepts are liability and damages. To obtain financial compensation for your injuries, a truck accident attorney in Sacramento must establish that the defendant was liable for your injuries. The satisfaction of each element of a tort claim is the most common way an attorney will prove that a defendant was liable for an injured victim’s injuries.
The total damages amount is calculated based on different factors, such as the severity of the victim’s injuries, the knowledge the defendant had regarding the negligent conduct, and any environmental factors that may have contributed to the truck accident. Retaining legal counsel will enable you to have a greater chance of satisfying every element of a negligence claim. Having a Sacramento truck accident lawyer on your side can help you reach closure regarding a truck accident case.
Contact the Overloaded Truck Accident Lawyers Today to Schedule a Free Consultation
The lawyers at Triumph Law will help you determine how to seek financial compensation for your injuries. Severe truck accidents are incredibly dangerous to drivers and passengers in smaller automobiles. We can help you with your medical treatment and the coverage issues you may have regarding medical insurance.
Contact us today and schedule a free consultation with a knowledgeable truck accident lawyer in California. If you cannot travel due to the nature of your injuries, then a truck accident lawyer in Sacramento will visit you and help you understand the legal options available to you. We are here to help you with every aspect of your truck accident case.